Tenant leaving before contrcat expires but with issues!

kinger101

His_Dudeness wrote: »

A surrender must be executed as a deed, so the strict legal position is not as straightforward.

If the work is obviously not acceptable you could have a good ground to either refuse to proceed on the agreement or to charge them to make it good.

In any case, this illustrates that it is best not to let tenants carry out such work.

Can you quote the relevant law here? I thought short leases technically don't require a written contract. I find it difficult therefore to believe that there would be a law requiring the surrender to be executed by deed.

His_Dudeness

The Law of Property Act 1925 states that all conveyances of land must be by deed except when specifically allowed to be otherwise.
It also states that the creation of short lease need not be in writing.

kinger101

His_Dudeness wrote: »

The Law of Property Act 1925 states that all conveyances of land must be by deed except when specifically allowed to be otherwise.
It also states that the creation of short lease need not be in writing.

S52 Conveyances to be by deed.

(1)All conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed.

(2)This section does not apply to—

(d)leases or tenancies or other assurances not required by law to be made in writing;

His_Dudeness

This applies to the creation of leases, as I understand it, as a lease and a surrender are different conveyances: The lease does not have to be in writing, and thus it does not have to be by deed either.

But surrenders are not in that list of exceptions, nor are assignments.

Otherwise, assignments would not need a deed either.

As it is, express surrenders and assignments require a deed.